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FAQ s

Workers' Compensation & Workplace Injuries FAQs

If you've sustained a workplace injury, it's essential to take the following steps:

  • Report the Injury: Notify your employer about the injury or illness within 30 days of becoming aware of it. This notification should be in writing, regardless of the severity of the incident. ​
  • Seek Medical Attention: Consult your doctor or an allied health practitioner to assess and treat your injury. Inform them about how the injury occurred. If you're unable to work, obtain a WorkCover Certificate of Capacity from your doctor, as a standard medical certificate won't suffice for WorkCover purposes.
  • Document the Incident: Keep detailed records of the injury, including dates, times, and any witnesses. This documentation can be crucial if you decide to lodge a claim.

To lodge a WorkCover claim, follow these steps:

  1. Complete a WorkCover Claim Form: Obtain the form from your employer, WorkSafe, or a legal representative. Fill it out accurately, providing all necessary details about your injury and employment.​
  2. Attach the Certificate of Capacity: If claiming for weekly payments due to inability to work, include the WorkCover Certificate of Capacity from your doctor.​
  3. Submit the Claim: Provide the completed claim form and certificate to your employer. They are required to forward these documents to their WorkCover insurer within 10 days. If your employer fails to do so, you can send the claim directly to WorkSafe.
  4. Await a Decision: The WorkCover insurer has 28 days to assess your claim and notify you of their decision.

If your WorkCover claim is accepted, you may be entitled to various benefits, including:

  • Weekly Payments: If you're unable to work or can only perform modified duties/hours due to your injury or illness, you may receive weekly payments. These are calculated based on your Pre-Injury Average Weekly Earnings (PIAWE) and are available for up to 130 weeks, with potential extensions in certain circumstances.
  • Medical and Related Expenses: Coverage for medical treatments, rehabilitation, and other related costs necessary for your recovery.​
  • Lump Sum Compensation: If you suffer a permanent impairment due to the injury, you might be eligible for a lump sum payment.​
  • Return-to-Work Assistance: Support services to help you transition back to your pre-injury duties or find suitable alternative employment.​

Road Accident (TAC)

If your Transport Accident Commission (TAC) claim is denied, consider the following actions:

  • Review the Denial Letter: Carefully read the letter from TAC to understand the reasons for the denial. This will help you identify any areas that may need further clarification or additional information.
  • Seek Clarification: If the reasons for denial are unclear, contact your TAC claims manager for an explanation. If English is not your first language, request an interpreter to assist in understanding the details.
  • Consult Your General Practitioner (GP): Discuss the denial with your GP to determine if there is medical evidence that supports your claim, which may have been overlooked. ​
  • Obtain Legal Advice: Consult with a lawyer experienced in TAC claims to assess the merits of your case and guide you through the dispute resolution process.

To challenge a TAC decision, you have several options:

  • Informal Review: Within 28 days of receiving the decision, you can request an informal review by a TAC review manager not involved in the original decision. This process allows for reconsideration based on any new evidence or arguments you provide.
  • No-Fault Dispute Resolution Protocols: Under the TAC/LIV/ALA protocols, you must complete a pre-issue review before lodging an application for a Victorian Civil and Administrative Tribunal (VCAT) review.
  • VCAT Review: If dissatisfied with the outcome of the previous steps, you can apply for a review by VCAT within 12 months of becoming aware of the TAC's decision. VCAT is an independent body that resolves such disputes.

Understanding why TAC claims are commonly denied can help in addressing potential issues:

  • Causation Issues: TAC may deny a claim if they determine that the injury or medical condition is not directly related to the transport accident. ​
  • Pre-existing Conditions: If TAC believes the claimed expenses are related to pre-existing conditions rather than injuries from the transport accident, they may deny liability. However, if the accident exacerbated a pre-existing condition, it might still be compensable.
  • Insufficient Medical Evidence: A lack of adequate medical documentation supporting the necessity of the claimed expenses can lead to denial. Ensuring comprehensive and accurate medical records can mitigate this risk.

Public Liability

Yes

It can be difficult to determine who is responsible for your accident and whether you are eligible to claim. That’s why it’s important to speak with an expert in public liability claims as soon as possible.

Consulting an expert ensures that you:

✔ Understand your eligibility and potential entitlements

✔ Know what information you need to gather

✔ Take the right steps to successfully access compensation

If you’ve been injured and are unsure about your rights, seeking legal advice early can make all the difference.


Superannuation

Superannuation, often referred to as "super," is Australia's mandatory retirement savings system. Employers are required to contribute a percentage of an employee's earnings into a superannuation fund, which is invested over time to provide income during retirement. As of July 2023, the contribution rate is 11%, with scheduled increases to 12% by July 2025.

Access to superannuation funds is generally restricted until you reach your "preservation age," which varies based on your birthdate. For individuals born after June 30, 1964, the preservation age is 60. You can access your super when you retire after reaching this age or upon turning 65, regardless of employment status. Early access may be permitted under specific conditions, such as severe financial hardship or certain medical circumstances.

Yes, there are annual contribution caps for superannuation in Australia:​

  • Concessional (before-tax) contributions: These include employer contributions and salary sacrifice amounts. The cap is $27,500 per financial year.
  • Non-concessional (after-tax) contributions: These are personal contributions made from after-tax income. The cap is $110,000 per financial year. Exceeding these caps may result in additional tax liabilities.


Medical Negligence

Medical negligence occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide an appropriate standard of care, resulting in harm or injury to a patient. This can include misdiagnosis, surgical errors, medication mistakes, birth injuries, or failure to inform patients of potential risks associated with treatment.

To establish a medical negligence claim, you must demonstrate the following:

  • Duty of Care: The medical professional owed you a duty of care.
  • Breach of Duty: They failed to meet the required standard of care.
  • Injury or Harm: The breach directly caused harm or worsened your condition.
  • Damages: You suffered measurable losses, such as physical pain, financial loss, or emotional distress. Gathering medical records, expert opinions, and legal advice can help strengthen your claim.

If your claim is successful, you may be entitled to compensation for:

  • Medical expenses, including ongoing treatment and rehabilitation.
  • Loss of income due to the inability to work.
  • Pain and suffering resulting from the negligence.
  • Home care and support services if required. Each case is different, so it’s important to seek legal advice to understand your entitlements.


Immigration Law  (updated )

 Please note that immigration laws and policies are subject to change. For the most current information, consult the official Australian Department of Home Affairs website or seek advice from a registered migration agent.

Australia offers several visa categories for immigrants, including:​en.wikipedia.org

  • Skilled Occupation Visas: Designed for highly skilled workers, these visas often use a points-based system to assess eligibility. Applicants may be sponsored by Australian states or employers.​
  • Family Visas: Allow family members of Australian citizens or permanent residents to join their relatives in Australia. This includes partner, child, and parent visas.​en.wikipedia.org
  • Student Visas: Enable international students to study full-time at recognized Australian educational institutions.
  • Working Holiday Visas: Permit young individuals from eligible countries to have an extended holiday in Australia while engaging in short-term work.

To achieve permanent residency in Australia, you can apply through various pathways, such as:​

  • Skilled Migration: For individuals with skills in demand in Australia.​
  • Family Sponsorship: If you have close family members who are Australian citizens or permanent residents.​
  • Humanitarian Programs: For refugees and others needing protection.​

Each pathway has specific eligibility criteria and application processes.

Recent updates to Australia's immigration policies include:​

  • Cap on International Student Enrollments: Starting in 2025, Australia will limit new international student enrollments to 270,000 annually to manage migration levels and address housing affordability concerns. ​
  • Stricter Deportation Measures: Legislation has been introduced to facilitate the removal of non-citizens, including provisions allowing the government to pay third countries to accept deported individuals and to confiscate mobile phones in immigration detention centers.


If you have a legal question regarding workplace injuries, TAC claims, or immigration law, feel free to reach out. Simply fill out the form, and I will get back to you as soon as possible.

Your legal journey starts with a conversation. Let’s find the best path forward together.